system, it has an independent operating program,
which means that the AI can actually operate
independently of humans. Looking at it this way there
is no doubt that AI has a form of self-awareness and
free will. And in society artificial intelligence has
become an advanced labor force to replace some
manual labor. Some low-level simple and repetitive
operations can be replaced by artificial intelligence,
which not only saves labor costs but also less prone
to errors and accidents. Therefore a large number of
enterprises and factories have chosen this model.
Artificial intelligence labor force has competitive,
complementary and independent relationship with
human labor force (Cheng, 2022). After the above
analysis, it shows that artificial intelligence with
autonomy needs to take responsibility related legal
responsibility, then artificial intelligence needs
another reasonable legal status. Only from the moral
responsibility is very difficult to constrain and
determine the behavior of artificial intelligence, even
if the advanced computer system also lacks the
attributes of a fully mature moral actor (Song and Li,
2019). This is where statutory responsibility has to
intervene.
Meanwhile, how to determine tort liability if AI
does not have the status of a legal subject. Moral
responsibility is theoretically impossible to
discipline, and artificial intelligence is only
applicable to humans as the behind-the-scenes
controllers, because human beings have thoughts and
feelings, and artificial intelligence has no emotions
and naturally cannot know the concept of morality.
Strong laws are a good way to do that. The
consideration of accident liability for human-machine
systems must consider the roles and interactions
between humans and technology in this whole (Song
and Li, 2019). Even if the content generated by the AI
is only ideologically similar to the prior work and thus
cannot be recognized as infringing content, it does not
necessarily follow that the use of the work while
training the AI does not infringe copyright (Wang,
2024). This is because the AI underwent a lot of
training and simulation before it reached the standard.
And whether the samples used in this process are seen
as infringement in the full sense or not. Liability
capacity should be a substantive subjective element,
and can meet the specific standards to obtain the
subjective element (He and Liu, 2024). As mentioned
earlier, artificial intelligence is already high-tech will
bring certain risks, is no longer purely controlled by
human tools, to give artificial intelligence subject
status is very necessary. It is unfair that only human
beings should bear the risk and responsibility of the
consequences of AI behavior alone. It should be the
responsibility of the will of multiple parties. If the
establishment of the legal subject status of artificial
intelligence is more convenient to clarify the
responsibilities and rights of all parties, the
boundaries are more clear. For example, a special
account (Sun, 2024) should be set up for AI, and the
infringement can be compensated from its account. If
the nature of the infringement is more serious, the
system of AI can be deactivated or eliminated. This is
a way to solve the problems caused by AI and to
ensure that the AI itself can be held accountable. A
few years ago there were countries that penalized AI,
and in the United States, the driverless system was
held fully responsible for the death of a pedestrian in
a driverless crash. In short, artificial intelligence
actually has the ability to assume responsibility, so it
is also feasible to give legal subject status. It can be
seen that the subject status of artificial intelligence
can effectively control the risks brought by artificial
intelligence. Although the emergence of artificial
intelligence brings great convenience and greatly
changes people's way of life, it also impacts on
traditional culture, morality and values. Therefore, it
is necessary to give artificial intelligence legal
personality, incorporate artificial intelligence into a
unified system of technical and ethical norms for
regulation, and establish a corresponding legal system
mechanism to dissipate the risks and dangers that
artificial intelligence may bring (Yang and Zhang,
2018). And AI technology, as an independent
product, should also be given the status of a subject.
On top of that, the current law should hold an open
attitude to adapt to the legal needs of the rapid
development of artificial intelligence, which can be
given a certain legal subject status. The old traditional
legal personality can no longer meet the development
speed and changes of artificial intelligence, and there
is an urgent need to give artificial intelligence a new
legal subject status. Nowadays, artificial intelligence
has been commonly used in life, when a thing is
widely developed, if it is not restrained and managed
then it will inevitably cause unforeseen disasters.
Therefore, it is very important to give artificial
intelligence subject status. If artificial intelligence has
the status of the main body, it will be better to carry
out its responsibility subdivision, but also can
effectively control the risk in favor of artificial
intelligence in a good and fair and orderly
environment for the healthy development of artificial
intelligence. If AI is considered a legal subject, the
public may have more trust in its decisions and
behaviors, especially in settings involving important
decisions, such as medical diagnosis or legal advice.
Giving AI the status of a legal subject in terms of